• Save
Socialize: Monetizing Social Media - David Adler
Upcoming SlideShare
Loading in...5
×
 

Socialize: Monetizing Social Media - David Adler

on

  • 837 views

Social Media Marketing: Legal & Regulatory Compliance

Social Media Marketing: Legal & Regulatory Compliance

Statistics

Views

Total Views
837
Views on SlideShare
837
Embed Views
0

Actions

Likes
2
Downloads
0
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
  • 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
  • 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
  • 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
  • Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog: no infirngment U.S. suit against Australian advertiser for using photo without permission
  • Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission
  • Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission Twitter's terms of service say you own your own posts; copyright law applies. Fair Use?
  • Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission Twitter's terms of service say you own your own posts; copyright law applies. Fair Use?
  • Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission Twitter's terms of service say you own your own posts; copyright law applies. Fair Use? In 2007, CCIA filed FTC complaint against Major league sports; Brooklyn Law School professor and EFF staff attorney Wendy Seltzer
  • 1. Facebook legal policies: Advertising Guidelines and Pages Policies prohibit, false, misleading or deceptive practices.
  • Get Permission Check your facts & Sources
  • 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
  • 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
  • 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
  • 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
  • 1. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial.
  • WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes; University of Kentucky sued for religious discrimination under Title VII of the Civil Rights Act. The case, Gaskell v. University of Kentucky, rare example of a lawsuit by a scientist for religious persecution. Search committee looked at personal web site and concerned about views on creationism
  • WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace.
  • WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace. Feb . 7, 2011: NLRB announced a settlement involving the discharge of a CT ambulance service employee for posting negative comments about a supervisor on her Facebook page. Under the National Labor Relations Act, employees may discuss the terms and conditions of their employment with co- workers and others. The NLRB complaint also alleged that the company maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees
  • WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace.
  • WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace.
  • 1. In 2007 When registering at thedollpalace.com, for example, a child under 13 is told “you need a parent’s permission to continue. Is a parent with you right now.” The child can then select “yes” or “no.” The “yes” selection allows the child to click “ok” at the bottom of a permission page. The “no” selection prompts a child to enter an e-mail address. An e-mail is sent to that address asking for consent; no subsequent verification is made.
  • 1. In 2007 When registering at thedollpalace.com, for example, a child under 13 is told “you need a parent’s permission to continue. Is a parent with you right now.” The child can then select “yes” or “no.” The “yes” selection allows the child to click “ok” at the bottom of a permission page. The “no” selection prompts a child to enter an e-mail address. An e-mail is sent to that address asking for consent; no subsequent verification is made.
  • 1. In 2007 When registering at thedollpalace.com, for example, a child under 13 is told “you need a parent’s permission to continue. Is a parent with you right now.” The child can then select “yes” or “no.” The “yes” selection allows the child to click “ok” at the bottom of a permission page. The “no” selection prompts a child to enter an e-mail address. An e-mail is sent to that address asking for consent; no subsequent verification is made.

Socialize: Monetizing Social Media - David Adler Socialize: Monetizing Social Media - David Adler Presentation Transcript

  • Social Media Marketing: Legal & Regulatory Compliance Presentation to MediaBistro’s Socialize 2011 April 1, 2011 Understating legal and regulatory risks to businesses using social media Using and maintaining proper policies and procedures to reduce risk David M. Adler, Esq. Safeguarding Ideas, Relationships & Talent ®
  • Speaker Bio
    • David M. Adler, Esq. is an attorney, author, educator, entrepreneur and founder of a boutique intellectual property law firm based in Chicago, Illinois. With over fourteen years of legal experience, Mr. Adler created the firm with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in a way that drives innovation and increases the overall value of the business.
    • Mr. Adler has an extensive private-practice and in-house background counseling and international cadre of clients on corporate and intellectual property law, including corporation, LLC and Limited Partnership creation and finance, contract interpretation, drafting, negotiation and enforcement as well as copyright and trademark registration and enforcement. Mr. Adler also specializes in advising artistic talent and creative professionals in the arts, entertainment, media and sports industries.
    • He received his law degree from the DePaul University College of Law in 1997 where he wrote for the DePaul Arts & Entertainment Law Journal. He received a Bachelor of the Arts in English and a Bachelor of the Arts in History from Indiana University in Bloomington, Indiana.
    • Outside the practice of law, Mr. Adler created and taught an undergraduate course on E-Business in the Arts, Entertainment & Media Management Department of Columbia College Chicago. He also chaired the Chicago Bar Association's Start-up and Entrepreneurial Ventures Subcommittee, frequently contributes as a “guest expert” columnist for numerous online publications in the areas of ecommerce, intellectual property and small business and periodically speak to industry and trade groups and associations on these topics.
    David M. Adler, Esq. & Assoc.: Safeguarding Ideas, Relationships & Talent ®
  • Background
    • Social media sites like Facebook, Twitter, YouTube and LinkedIn provide the opportunity for authentic interaction and engagement with customers.
    • Companies are now learning how to use these services as strategic marketing tools.
    • New technological developments often create new legal and business risks.
    • You will learn:
      • How to identify the legal issues
      • How to develop policies and procedures to avoid legal risks
      • How to maintain regulatory compliance.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Background
    • Social media sites like Facebook, Twitter, YouTube and LinkedIn provide the opportunity for authentic interaction and engagement with customers.
    • Companies are now learning how to use these services as strategic marketing tools.
    • New technological developments often create new legal and business risks.
    • You will learn:
      • How to identify the legal issues
      • How to develop policies and procedures to avoid legal risks
      • How to maintain regulatory compliance.
    • DISCLAIMER : I Am Not Your Lawyer. This is NOT Legal Advice
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Overview of Legal Risks
    • Copyright Infringement
    • Trademark Infringement
    • Right of Publicity
      • Social Media Handles
    • User-Generated Content
    • HR/Employer/Employee Relations
    • Fraud
      • Endorsement & Testimonials
    • Emerging Areas
      • Privacy
    • Regulations
      • CAN SPAM
      • FTC “Dot Com” disclosures
      • COPPA
      • FTC Privacy Report
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    • Practical Applications
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    • Practical Applications
      • Can placing a hyperlink to a photo on a publicly-accessible Web constitute misappropriation of the photo? 2
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    • Practical Applications
      • Can placing a hyperlink to a photo on a publicly- accessible Web constitute misappropriation of the photo? 2
      • Can an advertiser’s use of photo from photo-sharing web site constitute misappropriation? 3
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    • Practical Applications
      • Can placing a hyperlink to a photo on a publicly- accessible Web constitute misappropriation of the photo? 2
      • Can an advertiser’s use of photo from photo-sharing web site constitute misappropriation? 3
      • Are “Tweets” protected by Copyright? 4
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    • Practical Applications
      • Can placing a hyperlink to a photo on a publicly- accessible Web constitute misappropriation of the photo? 2
      • Can an advertiser’s use of photo from photo-sharing web site constitute misappropriation? 3
      • Are “Tweets” protected by Copyright? 4
      • Is Tweeting a Conference Lecture a Copyright violation?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Copyright
    • Copyright protects “original works of creative authorship fixed in a tangible medium of expression
    • What this means:
      • any content whether (a) created by you, (b) by some one else at your request, or (c) by an independent third party IS PROTECTED BY COPYRIGHT 1
      • GET PERMISSON FIRST if the content is not created by you or under a written work-for-hire agreement
    • Practical Applications
      • Can placing a hyperlink to a photo on a publicly- accessible Web constitute misappropriation of the photo? 2
      • Can an advertiser’s use of photo from photo-sharing web site constitute misappropriation? 3
      • Are “Tweets” protected by Copyright? 4
      • Is Tweeting a Conference Lecture a Copyright violation?
      • Is Tweeting a Major League Sports event a Copyright violation? 5
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
      • Registration
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
      • Registration
        • State & Federal
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
      • Registration
        • State & Federal
    • Practical Applications
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
      • Registration
        • State & Federal
    • Practical Applications
      • Is Creating a Facebook Page about your favorite brand infringement?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
      • Registration
        • State & Federal
    • Practical Applications
      • Is Creating a Facebook Page about your favorite brand infringement?
      • Is Tweeting about a brand infringement?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Trademarks
    • What is a Trademark/Servicemark?
      • Any word , name , symbol or device that signifies the source of goods or services
    • How Are Trademarks Used in Social Media?
      • Brand Names
      • Social Media Handles “@MediaBistro”
      • Facebook Groups/Pages
      • Comparative Advertising
    • How Are Trademark Rights Acquired?
      • Use
      • Registration
        • State & Federal
    • Practical Applications
      • Is Creating a Facebook Page about your favorite brand infringement? 1
      • Is Tweeting about a brand infringement?
      • Is using a trademark as a social media handle infringement?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
      • Largely protected by state law; Only about half of the states recognize and protect it as part of the Right of Privacy.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
      • Largely protected by state law; Only about half of the states recognize and protect it as part of the Right of Privacy.
      • The Restatement Second of Torts recognizes 4 types of invasions of privacy: intrusion , appropriation of name or likeness , unreasonable publicity , and false light .
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
      • Largely protected by state law; Only about half of the states recognize and protect it as part of the Right of Privacy.
      • The Restatement Second of Torts recognizes 4 types of invasions of privacy: intrusion , appropriation of name or likeness , unreasonable publicity , and false light .
    • Practical Applications
      • Unauthorized Use of One’s Name & Likeness
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
      • Largely protected by state law; Only about half of the states recognize and protect it as part of the Right of Privacy.
      • The Restatement Second of Torts recognizes 4 types of invasions of privacy: intrusion , appropriation of name or likeness , unreasonable publicity , and false light .
    • Practical Applications
      • Unauthorized Use of One’s Name & Likeness
        • Ton LaRusa, manager of the St. Louis Cardinals baseball team sued Twitter, claiming that unauthorized page using his name damaged his reputation and caused emotional distress.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
      • Largely protected by state law; Only about half of the states recognize and protect it as part of the Right of Privacy.
      • The Restatement Second of Torts recognizes 4 types of invasions of privacy: intrusion , appropriation of name or likeness , unreasonable publicity , and false light .
    • Practical Applications
      • Unauthorized Use of One’s Name & Likeness
        • Ton LaRusa, manager of the St. Louis Cardinals baseball team sued Twitter, claiming that unauthorized page using his name damaged his reputation and caused emotional distress.
        • Keith Olberman, CNN recently acquired the rights to CNNbrk (CNN Breaking News), the largest Twitter account on record with 959,011 followers, 'owned' by James Cox, who doesn't even work for CNN.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Publicity Rights
    • What is the Right of Publicity?
      • Prevents unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
      • Largely protected by state law; Only about half of the states recognize and protect it as part of the Right of Privacy.
      • The Restatement Second of Torts recognizes 4 types of invasions of privacy: intrusion , appropriation of name or likeness , unreasonable publicity , and false light .
    • Practical Applications
      • Unauthorized Use of One’s Name & Likeness
        • Ton LaRusa, manager of the St. Louis Cardinals baseball team sued Twitter, claiming that unauthorized page using his name damaged his reputation and caused emotional distress.
        • Keith Olberman, CNN recently acquired the rights to CNNbrk (CNN Breaking News), the largest Twitter account on record with 959,011 followers, 'owned' by James Cox, who doesn't even work for CNN.
        • The Philadelphia Daily News published comments from Philadelphia Eagles cornerback Asante Samuel's Twitter feed, only to find that his words were being 'tweeted' by an imposter. 1
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
      • Social Media is a Conversation. You cannot control what someone else is going to say about you, your company, your product/service/brand.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
      • Social Media is a Conversation. You cannot control what someone else is going to say about you, your company, your product/service/brand.
    • Practical Applications
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
      • Social Media is a Conversation. You cannot control what someone else is going to say about you, your company, your product/service/brand.
    • Practical Applications
      • Unauthorized “fan” page 1
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
      • Social Media is a Conversation. You cannot control what someone else is going to say about you, your company, your product/service/brand.
    • Practical Applications
      • Unauthorized “fan” page 1
      • False/Deceptive/Misleading statements
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
      • Social Media is a Conversation. You cannot control what someone else is going to say about you, your company, your product/service/brand.
    • Practical Applications
      • Unauthorized “fan” page 1
      • False/Deceptive/Misleading statements
      • Misappropriated content: Photos, Videos, Text
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: UGC
    • What is User Generated Content (“UGC”)?
      • Simply put, anything that is uploaded/posted by a “user”
      • Used in a wide range of applications, including problem processing, news, gossip and research
      • question-answer databases (LinkedIn Answers), digital video (YouTube), blogging (Wordpress), podcasting, forums, review-sites, social networking, mobile phone photography and wikis.
    • What Are The Risks?
      • Social Media is a Conversation. You cannot control what someone else is going to say about you, your company, your product/service/brand.
    • Practical Applications
      • Unauthorized “fan” page 1
      • False/Deceptive/Misleading statements
      • Misappropriated content: Photos, Videos, Text
      • Defamatory/Objectionable language
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
      • Litigation: “Facebooking the Jury” 1
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
      • Litigation: “Facebooking the Jury” 1
      • Prospective Employees: Is it OK to use social media profiles in the hiring process? 2
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
      • Litigation: “Facebooking the Jury” 1
      • Prospective Employees: Is it OK to use social media profiles in the hiring process? 2
      • Disclosure of Private Information 3
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
      • Litigation: “Facebooking the Jury” 1
      • Prospective Employees: Is it OK to use social media profiles in the hiring process? 2
      • Disclosure of Private Information 3
      • Can an employee criticize a supervisor when posting on a social media platform? 4
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
      • Litigation: “Facebooking the Jury” 1
      • Prospective Employees: Is it OK to use social media profiles in the hiring process? 2
      • Disclosure of Private Information 3
      • Can an employee criticize a supervisor when posting on a social media platform?
      • What is protected and unprotected on social media, and do the same rules that apply to verbal communications in the workplace apply to social media?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: HR
    • As social media interaction proliferates, companies are seeking ways to control how the sites are used to communicate with potential clients and colleagues.
    • Control is far more complex because communications occurring on Web sites that are outside their IT systems and continuously in flux.
    • Greater risks to regulated industries like Financial services industry because of compliance worries.
    • Practical Applications
      • Litigation: “Facebooking the Jury” 1
      • Prospective Employees: Is it OK to use social media profiles in the hiring process? 2
      • Disclosure of Private Information 3
      • Can an employee criticize a supervisor when posting on a social media platform?
      • What is protected and unprotected on social media, and do the same rules that apply to verbal communications in the workplace apply to social media?
      • Does it make a difference if the post is done during non-work time?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
      • Individuals now spend more time interacting through social networking sites than they do through traditional email.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
      • Individuals now spend more time interacting through social networking sites than they do through traditional email.
      • Facebook alone now boasts more than 500 million active members larger than the entire population of the United States.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
      • Individuals now spend more time interacting through social networking sites than they do through traditional email.
      • Facebook alone now boasts more than 500 million active members larger than the entire population of the United States.
    • Mountains of personal information that was previously regarded as private and difficult to obtain
      • A "profile page" may include information about the individual's location and background , videos, and photographs posted by the user and his or her friends, real-time updates tracing the user's every move and mood, groups that reflect the user's interests and views and up-to-the-minute information on a user's musings and thoughts on any number of issues.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
      • Individuals now spend more time interacting through social networking sites than they do through traditional email.
      • Facebook alone now boasts more than 500 million active members larger than the entire population of the United States.
    • Mountains of personal information that was previously regarded as private and difficult to obtain
      • A "profile page" may include information about the individual's location and background , videos, and photographs posted by the user and his or her friends, real-time updates tracing the user's every move and mood, groups that reflect the user's interests and views and up-to-the-minute information on a user's musings and thoughts on any number of issues.
      • This information is freely available to "friends" or may be broadcast even more widely.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
      • Individuals now spend more time interacting through social networking sites than they do through traditional email.
      • Facebook alone now boasts more than 500 million active members larger than the entire population of the United States.
    • Mountains of personal information that was previously regarded as private and difficult to obtain
      • A "profile page" may include information about the individual's location and background , videos, and photographs posted by the user and his or her friends, real-time updates tracing the user's every move and mood, groups that reflect the user's interests and views and up-to-the-minute information on a user's musings and thoughts on any number of issues.
      • This information is freely available to "friends" or may be broadcast even more widely.
      • The potential usefulness of that data is obvious. With just a few mouse clicks, one can investigate one’s background and views.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Privacy
      • Individuals now spend more time interacting through social networking sites than they do through traditional email.
      • Facebook alone now boasts more than 500 million active members larger than the entire population of the United States.
    • Mountains of personal information that was previously regarded as private and difficult to obtain
      • A "profile page" may include information about the individual's location and background , videos, and photographs posted by the user and his or her friends, real-time updates tracing the user's every move and mood, groups that reflect the user's interests and views and up-to-the-minute information on a user's musings and thoughts on any number of issues.
      • This information is freely available to "friends" or may be broadcast even more widely.
      • The potential usefulness of that data is obvious. With just a few mouse clicks, one can investigate one’s background views.
      • The prevalence of social networking data raises novel issues with respect to the use of this information in litigation.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
      • The retrieval and use of information on social networking sites poses Fourth Amendment and privacy concerns
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
      • The retrieval and use of information on social networking sites poses Fourth Amendment and privacy concerns
      • The Stored Communications Act,  18 U.S.C. §2702 , presents a threshold challenge to litigants seeking to obtain an individual's social networking data directly from a third party social networking website.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
      • The retrieval and use of information on social networking sites poses Fourth Amendment and privacy concerns
      • The Stored Communications Act,  18 U.S.C. §2702 , presents a threshold challenge to litigants seeking to obtain an individual's social networking data directly from a third party social networking website.
      • Crispin vs. Christian Audigier Inc . involved misuse and non-consensual use of artwork.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
      • The retrieval and use of information on social networking sites poses Fourth Amendment and privacy concerns
      • The Stored Communications Act,  18 U.S.C. §2702 , presents a threshold challenge to litigants seeking to obtain an individual's social networking data directly from a third party social networking website.
      • Crispin vs. Christian Audigier Inc . involved misuse and non-consensual use of artwork.
      • CA Central District Court held that the SCA prevents providers of communication services from divulging private messages on social networking sites since they "are not readily accessible to the general public, but implied that “wall postings” and comments are not protected where they are readily available to a wider audience.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
      • The retrieval and use of information on social networking sites poses Fourth Amendment and privacy concerns
      • The Stored Communications Act,  18 U.S.C. §2702 , presents a threshold challenge to litigants seeking to obtain an individual's social networking data directly from a third party social networking website.
      • Crispin vs. Christian Audigier Inc . involved misuse and non-consensual use of artwork.
      • CA Central District Court held that the SCA prevents providers of communication services from divulging private messages on social networking sites since they "are not readily accessible to the general public, but implied that “wall postings” and comments are not protected where they are readily available to a wider audience.
      • BUT SEE: Sony Computer Entertainment America LLC vs. Hotz et al. which involves allegation that defendant provided a “jailbreak” solution for Sony’s PS3.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Emerging Areas
    • Practical Applications
      • The retrieval and use of information on social networking sites poses Fourth Amendment and privacy concerns
      • The Stored Communications Act,  18 U.S.C. §2702 , presents a threshold challenge to litigants seeking to obtain an individual's social networking data directly from a third party social networking website.
      • Crispin vs. Christian Audigier Inc . involved misuse and non-consensual use of artwork.
      • CA Central District Court held that the SCA prevents providers of communication services from divulging private messages on social networking sites since they "are not readily accessible to the general public, but implied that “wall postings” and comments are not protected where they are readily available to a wider audience.
      • BUT SEE: Sony Computer Entertainment America LLC vs. Hotz et al. which involves allegation that defendant provided a “jailbreak” solution for Sony’s PS3.
      • CA Northern District Court granted Sony access to personally identifiable information of individuals who visited defendant's website, Twitter account, YouTube video and blog.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act : sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act : sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message.
      • COPPA
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message.
      • COPPA: governs collection of personally identifying information of children aged 13 years or younger; requires parental consent. 1
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message.
      • COPPA: governs collection of personally identifying information of children aged 13 years or younger; requires parental consent. 1
      • FTC Privacy Report
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Legal Risks: Regulations
    • Axiomatic that advances in technology proceed faster than the law.
    • In addition to various federal statutes, Federal Trade Commission has implemented a number of initiatives to “protect consumers.”
    • Important Statues
      • Federal CAN SPAM Act: sets the rules for commercial email (not just SPAM), establishes requirements for messages, gives recipients the right to have you stop emailing them
      • FTC “Dot Com” Disclosures: Guidelines involve disclosing information about relationships with advertisers or endorsers that would have a material impact about how a prospective consumer would view the message.
      • COPPA: governs collection of personally identifying information of children aged 13 years or younger; requires parental consent. 1
      • FTC Privacy Report: December 1, 2010 FTC proposed a new framework for protecting consumer privacy, along with more specific and aggressive guidelines for those in the business of sharing consumer information with third parties.
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Due Diligence
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Due Diligence
      • Is your firm aware of the legal and regulatory issues that impact social media?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Due Diligence
      • Is your firm aware of the legal and regulatory issues that impact social media?
      • Does your firm take a “best practices” approach to engaging customers, employees and business partners?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Due Diligence
      • Is your firm aware of the legal and regulatory issues that impact social media?
      • Does your firm take a “best practices” approach to engaging customers, employees and business partners?
      • Does your firm have a Social Media Policy that address the firm’s philosophy and Behavioral, Channel, Contextual and Content Expectations?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Due Diligence
      • Is your firm aware of the legal and regulatory issues that impact social media?
      • Does your firm take a “best practices” approach to engaging customers, employees and business partners?
      • Does your firm have a Social Media Policy that address the firm’s philosophy and Behavioral, Channel, Contextual and Content Expectations?
      • Does your firm monitor social media channels for negative messaging or IP rights violations?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Due Diligence
      • Is your firm aware of the legal and regulatory issues that impact social media?
      • Does your firm take a “best practices” approach to engaging customers, employees and business partners?
      • Does your firm have a Social Media Policy that address the firm’s philosophy and Behavioral, Channel, Contextual and Content Expectations?
      • Does your firm monitor social media channels for negative messaging or IP rights violations?
      • Does your firm have an action plan for addressing these risks?
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
        • Google Alerts
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
        • Google Alerts
          • Brand names/Trademarks
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
        • Google Alerts
          • Brand names/Trademarks
          • Social Media Handles
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
        • Google Alerts
          • Brand names/Trademarks
          • Social Media Handles
          • Executives Names
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
        • Google Alerts
          • Brand names/Trademarks
          • Social Media Handles
          • Executives Names
        • Facebook/Myspace/LinkedIn Pages
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Action Items
      • Proper Contractual Provisions
      • Code of Ethics/Code of Conduct
      • Social Media Policy
      • Monitoring
        • Google Alerts
          • Brand names/Trademarks
          • Social Media Handles
          • Executives Names
        • Facebook/Myspace/LinkedIn Pages
      • Updated Privacy Policy
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®
  • Summary
    • Thank You!!!!
    David M. Adler, Esq. & Assoc: Safeguarding Ideas, Relationships & Talent ®